investor-state disputes | ISDS


Lupaka secures financing for its arbitration claim under the Canada-Peru free trade agreement
Lupaka Gold Corp. reports that it has entered into an arbitration funding agreement for up to USD$4.1 million to support the company’s arbitration claim against Peru.
Japan and UK may forgo dispute settlement system in trade deal
Japan and the U.K. are studying a plan of not including an investor-state dispute settlement (ISDS) system in the bilateral trade deal they are currently negotiating.
Indian dry bulk terminal business of French group Louis Dreyfus Armateurs collapses
ALBA Asia Pvt Ltd, the Indian dry bulk port operating company controlled by French shipping group Louis Dreyfus Armateurs SAS (LDA), has collapsed with state-run Visakhapatnam Port Trust terminating a contract for running a dry bulk terminal at the port just five years into a 30-year deal.
MPs try to block corporations using new trade deals for lawsuits
MPs are set to try to force the government to block corporate lawsuits relating to future trade deals, in a bid to safeguard human rights.
Green NGOs demand EU dumps controversial energy treaty
Green groups have renewed their demand for the EU and member states to jointly withdraw from the controversial Energy Charter Treaty (ECT).
A Canadian mining company is threatening to sue Mexico to avoid paying taxes... and is asking Canada to help them do it
Already, Mexico’s progressive reforms have made it an ISDS target. First Majestic, a Canadian silver mining company has been threatening Mexico for the last few years, under NAFTA’s Chapter 11.
Barrick Gold sends dispute notice to Papua New Guinea over Porgera mine
Canadian miner Barrick Gold Corp said it served a dispute notice to the Papua New Guinea government over the country’s refusal to extend a mining lease in the Porgera valley.
The obscure treaty that could kill a global green recovery
The Energy Charter Treaty, with 53 signatories, allows energy companies to sue states that make their business unprofitable.
Corporations to sue states for pandemic billions
Corporations are busy weaponising obscure legal instruments to sue government for their actions to save lives and jobs during the coronavirus crisis.
Investor-state dispute settlement in Africa and the AfCFTA Investment Protocol
With the growing concern over the traditional ISDS system, it is highly unlikely that the AfCFTA will include an ISDS mechanism giving investors access to go to international arbitration under conventional international tribunals.